The phrase 'not in appearance' in s 4 of the Crimes (Appeal and Review) Act 2001 (NSW) means 'does not appear' and a defendant who is physically present in court with legal representation is 'in appearance' even if no interpreter is present. The District Court has no power to deem an appeal filed under s 12 (appeal against conviction after guilty plea) to be an appeal under s 11A (appeal against refusal of annulment). The absence of an interpreter may raise natural justice concerns but does not render a defendant 'not in appearance'.
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